Summary judgment in intellectual property litigation--the three of Harts

Legal context. The popular image of litigation is one of anoften long and expensive full trial. However, better case managementmeans that courts in the United Kingdom increasingly deal withdisputes at an early stage, by striking out claims that haveno genuine chance of success and by giving summary judgmentagainst defendants whose defences have no hope of succeeding.These procedures, detailed under the Civil Procedure Rules,are frequently invoked in intellectual property disputes. Unlikefull trials, which are normally heard before a specialist intellectualproperty judge, applications for summary judgment and strikingout are frequently heard by judges in the Chancery Divisionwho may have little experience of the area. Key points. This article considers the advantages and disadvantagesof deploying non-specialist judges, reviewing in particularthree decisions of a non-specialist judge, Mr Justice Hart.It suggests that a specialist judge might have reached a differentconclusion in at least one of these decisions. It also questionsthe policy issue of refusing to strike out a claim that, onthe law as it currently stands, has no chance of success wherethe intention is that the claimant be given the opportunityto invite the trial court to evolve a change in the law throughprecedental development. Practical significance. At a time when there is a strong demandfor the administration of justice to be both effective and swift,the twin facility of entering summary judgment and strikingout is likely to remain attractive and popular with intellectualproperty litigants. However, it is a facility that should notbe abused. The employment of non-specialist judges for the purposeof determining whether that facility should be utilised mayproduce results that, if justifiable, may run counter to theintuition of those who specialise in the field. Accordingly,judicial practice in this regard should be carefully monitoredand reviewed if predictability and consistency of decision-makingis to prevail.     

Punking and bullying: strategies in middle school, high school, and beyond

Punking is a practice of verbal and physical violence, humiliation, and shaming usually done in public by males to other males. This definition is based on interviews and discussion groups with 32 adolescent boys and on media sources within which adolescent males are embedded. Discourse analysis findings reveal that punking terminology and behaviors are usually interchangeable with bullying terminology and behaviors. Both practices are purposeful strategies taken up and used by many boys to affirm masculinity norms of toughness, strength, dominance, and control. Implications from this research promote a shift in understandings of how masculinity norms are achieved. Further, the research suggests that by bringing critical attention to social accountability for production of unhealthy norms and the violent practices that affirm these norms, we might well extend the scope and focus of intervention into harmful practices of violence, such as punking and bullying.     

Internal Validation of Human Mitochondrial DNA Quantification Using Real‐Time PCR

The quantity of mitochondrial DNA (mtDNA) template added for amplification and subsequent dye terminator reactions is critical for obtaining quality sequence data. Validation of a human mtDNA real‐time quantitative PCR (qPCR) assay demonstrated its high degree of reproducibility and precision as well as an extremely sensitive threshold of detection (0.0001 pg/μL or approximately six human mtDNA copies/μL). A study of 35 nonprobative bone and teeth evidence samples revealed that 20 pg of mtDNA template is recommended for successful HV1 and HV2 sequence analysis; however, as little as 0.013 pg can generate a full mtDNA profile when using enhanced amplification reactions. The assay can also detect PCR inhibition and is useful for identifying samples that may benefit from re‐purification. Overall, the assay is an excellent method to quantify mtDNA and is useful for determining the best analytical approach for successful sequencing.     

Implementing Intelligence-Led Policing: An Application of Loose-Coupling Theory

Purpose

This research is intended to inform a knowledge gap in the literature and present the first national findings related to intelligence-led policing adoption among state and local agencies. Specific practices are identified to inform scholars and practitioners regarding intelligence-led policing behaviors.

Methods

Original survey research from a federally-funded project is gleaned to explore intelligence-led policing adoption through a loose-coupling theoretical perspective. Negative binomial and logistic regression models are employed to identify predictive relationships.

Results

Agencies nationwide appear to be closely following the National Criminal Intelligence Sharing Plan recommendations to enhance information sharing. Consistent with the Department of Homeland Security’s Target Capabilities List is also observed. Agency size appears to have a significant effect on key organizational information sharing behaviors. The findings are tempered due to limitations in the research design.

Conclusions

Local agencies appear to be tightly-coupled with the recommendations put forth in the National Criminal Intelligence Sharing Plan in their efforts to adopt intelligence-led policing. Agency size appears to enhance adoption across most dependent metrics. This research progresses the limited evidence base and progress regarding this emerging policing philosophy.     

Time series applications to intelligence analysis: a case study of homicides in Mexico

Abstract

The scale of lethal violence in Mexico seen in the past decade has been a pressing concern for both Mexican and US officials, including law enforcement organizations, intelligence agencies, and policy makers. With much of the homicides being a result of the trafficking of illegal drugs, it has been suggested that the homicides in Mexico follow seasonal patterns tied to the drug trade, specifically to the cultivation of heroin. In this paper, conventional econometric time series methods are applied to test this hypothesis. Results demonstrate that not only do the drug-related homicides in Mexico display evidence of seasonality, but also that seasonality appears empirically related to the heroin trade. The paper makes the larger argument that time series and other statistical methods are an untapped resource that can complement standard intelligence analysis to support defensible judgments based on the scientific method of inquiry. However, a fuller integration of statistics and traditional analysis would require sufficient support structures be developed to encourage and promote such analysis.     

The United Kingdom Right to Request as a Model for Flexible Work in the European Union

Flexible work, the practice of giving employees some control over their working time, can transform the modern workplace. Once the province of scattered national legislation, the European Union is now considering the inclusion of flextime rights in the Working Time Directive (WTD), the leading EU legislation related to work time. In this article, we propose that the European Commission should adopt a right to request flexible work as part of the WTD. Adoption of the right to request flexible work would significantly alleviate the challenges employees face in maintaining work–life balance. The right to request flexible work can also provide benefits to employers by increasing employee loyalty and productivity. Finally, adoption of the right to request flexible work into the WTD would improve the overall effectiveness of the EU's employment law framework in an increasingly fast‐paced and competitive society.